General Terms and Conditions of Sale
ARTICLE 1 – SCOPE AND MODIFICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE
These terms and conditions of sale apply to all orders placed on the www.nautix.com website belonging to Nautix SAS (a simplified joint stock company with capital of 500,032.78 Euros whose registered office is located at GUIDEL – 56520 – 24 rue Nicolas Appert and registered with the LORIENT Trade and Companies Register under number 318 731 593 and whose unique producer identifier is FR211410_01SYKU, hereinafter referred to as “Nautix”).
Nautix SAS reserves the right to adapt or modify these terms and conditions of sale at any time.
In the event of modification, the terms and conditions in effect on the date of the order will apply to each order.
You declare that you have read and accepted these General Terms and Conditions of Sale before placing your order. Confirmation of your order therefore implies unreserved acceptance of these General Terms and Conditions of Sale.
By validating your order, you also confirm that you are at least eighteen years old and that you have all the legal capacity required to order one or more items.
ARTICLE 2 – PRICE AND AVAILABILITY OF PRODUCTS
The prices of our articles are indicated in euros all taxes included, excluding participation in delivery costs. Prices are subject to change at any time. In all cases, the articles are invoiced on the basis of the price in force at the time of the validation of the order.
The sale of items offered on the www.nautix.com site is reserved for professionals. Individuals can purchase Nautix products from Nautix resellers.
Orders are recorded on the www.nautix.com site, following the procedure defined for this purpose. At the end of the online ordering procedure, you are invited to validate your order by clicking on the icon indicated. This validation leads to the formation of the sales contract between Nautix, the seller, and yourself, the buyer.
Unless proven otherwise, the data recorded on the www.nautix.com site constitutes proof of all transactions made on said site.
Nautix reserves the right to cancel or not to follow up on an order from a customer with whom there is a dispute relating to the payment of a previous order.
Upon receipt of your order, we check the availability of the product(s) ordered. We only sell items available in stock or on order available from our suppliers. However, in the event of unavailability, we undertake within 30 days from the validation of the order either to deliver the ordered product to you, or to offer you a similar product at a similar price, or to reimburse you by check. , transfer or in the form of a credit note.
The date of validation of the order corresponds to:
• The date of the order in case of payment by credit card online.
• The date of receipt of the check in the event of payment by check.
• The date of receipt of the transfer in the event of payment by transfer.
In the event of an exceptional out of stock on one of the products in your order, we reserve the right to make several deliveries.
ARTICLE 3 – VALIDATION OF ORDERS AND ELECTRONIC SIGNATURE
Any purchase order signed by the consumer by “double click” constitutes irrevocable acceptance which can only be challenged within the limits provided for in these general conditions of sale.
The “double click” associated with the authentication procedure and the protection of message integrity constitutes an electronic signature.
This electronic signature has value between the parties in the same way as a handwritten signature.
ARTICLE 4 – PRICE
Nautix reserves the right to modify its prices at any time but undertakes to apply the prices in force which will have been indicated to you at the time of your order.
The prices are indicated on the website All Taxes Included (VAT at the rate in force in France on the date of the order included). Shipping costs are charged extra. Any bank commissions and exchange fees are not included in the prices indicated and are the sole responsibility of the customer.
In the case of delivery outside mainland France and Corsica expressly accepted by Nautix, the customer will bear any customs charges.
ARTICLE 5 – TERMS OF PAYMENT AND SECURITY
In all cases, payment is made in Euros including French VAT.
Title retention clause :
The products remain the property of Nautix until full receipt of the order by Nautix. Receipt of the order means the payment of funds to the Nautix bank account.
Default of Payment:
Nautix reserves the right to refuse to make a delivery or to honor an order from a consumer who has not fully or partially paid a previous order or with whom a payment dispute is in progress.
Failure to pay on the due date will result in the immediate payment of all sums remaining due and the settlement of agios corresponding to the late payment. In case of dispute, only the commercial court of Lorient is competent.
Any late payment will result in a penalty of an amount equivalent to 3 times the legal interest rate and will entitle you to compensation for recovery costs amounting to €40, excess expenses may be claimed on proof.
ARTICLE 6 – TERMS AND DELIVERY TIMES
The products are delivered to the delivery address that you indicated to us during the ordering process.
The customer is responsible for the delivery address he indicates when ordering. Nautix cannot be held responsible for late delivery or non-delivery in the event of customer error. If a delivery has to be rescheduled, the customer will bear the shipping costs relating to this new delivery.
We always ask you to check the goods in front of the carrier at the time of delivery. In the event of a dispute, note the reservations on the slip (see following point: “from the parcel to the delivery”). You have a maximum of 24 hours to notify Nautix of any dispute by email to the following address: email@example.com. Please note: in the event of a problem, you must keep the original packaging.
We decline all responsibility in the event of delays due to strikes, natural disasters, etc. For parcel tracking reasons, it is impossible for us to deliver orders to the premises of the Armies outside Metropolitan France.
Shipping fees :
For any order, the shipping costs will be calculated and included as soon as your order is validated.
Any item available in stock is generally dispatched within 24-48 hours after the date of validation of the order (cf. article 1) working unless otherwise indicated on the site and excluding litigation in progress. These are average times that correspond to the processing, preparation and shipping times of your order. To this time, the delivery time of the carrier must be added.
Delivery delay :
The product ordered is delivered by the postal circuit or by an independent carrier, depending on the nature of the product ordered and at the exclusive initiative of Nautix, to the address appearing on the order form. The times announced are indicative and indicated on departure from our warehouse. The final choice of delivery method depends on the weight, volume and value of the items and is decided by Nautix.
From package to delivery:
You must check the number of pieces and the conformity of the goods delivered at the time of delivery and before signing the carrier’s delivery note.
This verification is considered to have been carried out once the buyer, or a person authorized by him, has signed the delivery note. This signature validates the delivery.
If, at the time of delivery, the original packaging is damaged, torn or opened, you must imperatively check that it contains your entire order and, if necessary, note a reservation on the delivery slip, specifying the nature of the damage.
You must indicate on the delivery note and in the form of handwritten reservations accompanied by your signature any anomaly concerning the delivery (be as precise as possible: type and number of damaged products, nature of the damage, etc.).
In case of problems, mention them explicitly on the delivery note. Do not hesitate to take photos and/or refuse a damaged package.
Mentions of the type “subject to unpacking…” cannot be considered as a legal reserve.
You must also report anomalies by registered mail and confirm your reservations to the carrier no later than 3 working days following receipt of the item(s) and send a copy of this letter to the following address:
NAUTIX – Les 5 Chemins Business Park – 24 Rue Nicolas Appert – 56520 Guidel – France
If the products need to be returned to us, they must be the subject of a return request to our Customer Service within 7 days of delivery.
Any complaint made outside this period cannot be accepted.
The return of the product can only be accepted in their original state (packaging, accessories, instructions, etc.).
Except in cases justified by an anomaly, damage or non-compliance, in the event of non-support by the customer of the order, the return costs and the shipping costs for a new shipment will be borne by the customer.
ARTICLE 7 – RESPONSIBILITIES
Nautix cannot be held liable for non-performance of the contract concluded on the occasion of force majeure, disturbances or total or partial strikes, in particular of postal services and means of transport and/or communications, flooding, fire, war, attack, shortage of raw materials or energy, epidemic or pandemic.
Nautix cannot be held liable in the event of non-compliance with the legislation of the country where the item is ultimately sent. It is your responsibility in all cases to check with the local authorities the possibilities of importing or using the items.
The illustrations and photos on the www.nautix.com website are not contractual. Only the description of each item engages the company Nautix. If in doubt about the characteristics and properties of an item, contact can be made with our customer service department (firstname.lastname@example.org). Nautix cannot be held liable in the event of incompatibility of the item(s) ordered with the equipment of the purchaser and/or user. After consulting the characteristics and properties of the article available on the site, and in case of doubt remaining on the characteristics and properties of the said article, contact can be made with our customer service for any additional information.
With regard to products purchased to meet professional needs, Nautix will not incur any liability for any consequential damages, operating loss, loss of profit, damages or costs, which may arise, the responsibility of Nautix being, in all cases , limited to the replacement of the products or their reimbursement.
The choice and purchase of a product or service are placed under the sole responsibility of the customer.
The total or partial impossibility of using the products, in particular due to incompatibility of the product with existing equipment of another brand, cannot give rise to any compensation, reimbursement or questioning of the liability of Nautix, except in the case of a proven hidden defect, non-compliance, defect or exercise of the right of withdrawal envisaged under article 8 of our conditions of sale.
ARTICLE 8 – RIGHT OF WITHDRAWAL
In accordance with article L.121-16 and following of the Consumer Code, the consumer has a period of 14 working days from the date of receipt of his order by him or a third party mandated for this purpose (or from the day of the last receipt in the event of multiple deliveries), to return any item that does not suit him and request an exchange or refund.
Before returning your product, you must have our return agreement (see article 9, Right of return).
ARTICLE 9 – RIGHT OF RETURN
You have a period of 14 days from the receipt of your package by you or a third party mandated for this purpose (or from the day of the last receipt in the event of multiple deliveries) to notify our Customer Service of your wish to return the product(s) to the following address: email@example.com.
From the date of the return request, you have 15 days to return the product to us. The product must be returned unused, in its original condition, accompanied by all the accessories (manuals, accessories, guarantees, etc.), in its original packaging.
Return costs are the responsibility of the consumer. The reimbursement of the consumer takes place upon receipt of the goods.
ARTICLE 10 – WARRANTY AND SERVICE
To be able to benefit from the guarantee of the products, it is imperative to keep the purchase invoice of the product.
We remind you that you also benefit from the legal guarantee against hidden defects pursuant to articles 1641 and following of the civil code as well as the legal guarantee of conformity under the conditions of articles L.217-3 to L.217-20 of the code. consumption.
To implement the warranty for hidden defects or conformity, the consumer must contact us at the following address: firstname.lastname@example.org.
In any case, the guarantee does not take into account products that are not compatible with products of another brand, worn products, or whose breakage or hanger are the result of inappropriate use, overloading , a shock, a fall.
ARTICLE 11 – PROVISIONS OF THE “COMPUTER AND FREEDOMS” LAW
By adhering to these general conditions of sale, the customer agrees that Nautix, responsible for processing, collects and uses his personal data for the fulfillment of contractual commitments, as they appear in these general conditions of sale in accordance with the provisions of the amended Data Protection Act and the provisions of European Regulation No. 2016/679, known as the General Data Protection Regulation (GDPR).
Data: The data collected mainly concerns data relating to civil status (surname, first name, etc.) and the means of communication of customers (example: telephone number, email address). Customer bank details are not processed by Nautix.
This collection is carried out in particular, directly, by the data communicated by the customer when placing an order.
Purposes of data collection and processing: The purpose of data collection and processing by Nautix is the administrative and financial processing of orders, the establishment of invoices and the making of deliveries. In these cases, they may be processed for up to 2 years from the end of the commercial relationship.
Nautix undertakes not to use the data collected for purposes other than those for which it was collected.
The information transmitted is reserved for the exclusive use of Nautix, however the data strictly necessary for delivery may be communicated to a carrier.
Rights to personal data: In accordance with the amended Data Protection Act of January 6, 1978, as well as the GDPR, the customer has the rights of access, rectification, limitation, deletion, and opposition on the personal data concerning him on simple request sent to Nautix.
The customer can also request the portability of his personal data.
The customer also has the right to withdraw his consent at any time. In such a case, Nautix could be limited in the services rendered to the customer.
The Client may also query the Company to obtain:
1° Confirmation that personal data concerning him is or is not the subject of this processing;
2° Information relating to the purposes of the processing, the categories of personal data processed and the recipients or categories of recipients to whom the data is communicated; as well as the security measures taken to preserve the confidentiality of personal data;
3° The communication, in an accessible form, of the personal data which concerns him as well as of any information available as to the origin of these;
The customer can exercise all of his rights by contacting Nautix, by email at the following address: email@example.com
The customer also has the right to lodge a complaint with the Commission Nationale de l’Informatique et des Libertés. Complaints, claims and queries can be submitted directly via the CNIL website (www.cnil.fr) at the following address: https://www.cnil.fr/fr/plaintes.
ARTICLE 12 – INTELLECTUAL PROPERTY
The intellectual property rights on the products and documents contained in the site and each of the elements created for this site are the exclusive property of Nautix. Nautix does not grant any license or any right other than that of consulting the site.
The trademarks and other intellectual property rights cited on the www.nautix.com website are the property of Nautix or the entities concerned. In particular, Nautix is a registered and protected trademark.
Any reproduction of trademarks, distinctive signs, products and generally of all documents published on the site is prohibited.
By way of derogation, the reproduction of any document published on the site is only authorized for the exclusive purposes of information for personal and private use, any reproduction or any use of copies made for other purposes being expressly prohibited.
The creation of hypertext links to the nautix.com website is authorized. However, the hypertext links must be deleted at the first request of Nautix.
ARTICLE 13 – APPLICABLE LAW
These General Conditions of Sale as well as all orders placed on the nautix.com website are subject to French law.
In the event of a dispute, the consumer customer will first contact Nautix to obtain an amicable solution.
In the event of a dispute with traders and/or professionals, only the courts of Lorient (Morbihan, France) will be competent.
In general, in the event of a dispute, the French courts will have sole jurisdiction.
ARTICLE 14 – COMPANY DETAILS
24 rue Nicolas Appert
Parc d’activité des 5 Chemins
56520 GUIDEL – FRANCE
Intra VAT number FR25318731593
SAS with a capital of 500,032.78€ EUR – NAF 2030Z
SIRET 318 731 593 00014 – firstname.lastname@example.org